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Chris Musillo on Nurse and Allied Health Immigration

USCIS to show deference on Non-Profit Affiliation H-1B Rule

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by Chris Musillo




The USCIS has just announced that it will give deference to Petitioners who have previous approvals in all non-profit H-1B cap-exempt cases.

Non-profit entities that are related to or affiliated with an institution of higher education have long been approved as cap-exempt Petitioners. This has allowed these Petitioners to file H-1B Petitions regardless of whether the H-1B cap had been reached. In the recent past, however, the USCIS has taken a strict interpretation on the question of whether a non-profit was "related" to an institution of higher learning (e.g. a University).


The new USCIS policy will allow those Petitioners who previously have been granted approvals to file new H-1B cases confidently without fear of inconsistent adjudication. The burden will be on these Petitioners to prove that they have been approved for cap-exempt H-1Bs in the past.



 


Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.


 

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